ARTICLE
26 January 2021

New York Governor Includes LIBOR Provisions In Budget Proposal Legislation

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
In his 2022 fiscal year executive budget proposal legislation (part PP, at p. 233), New York Governor Andrew Cuomo included provisions to aid in the transition from LIBOR.
United States Finance and Banking
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In his 2022 fiscal year executive budget proposal legislation (part PP, at p. 233), New York Governor Andrew Cuomo included provisions to aid in the transition from LIBOR.

Article 18-C ("LIBOR Discontinuance") is designed to protect contracts that reference LIBOR after that benchmark is discontinued. For contracts that are silent on how to treat the discontinuance, or that fall back to another LIBOR-based rate, the legislation would mandate the use of a replacement benchmark recommended by the Federal Reserve Board, the Federal Reserve Bank of New York or the Alternative Reference Rates Committee ("ARRC"). Where a contract authorizes a party to choose a replacement, the legislation would grant a safe harbor for choosing the recommended replacement benchmark.

The inclusion of the provision follows a request letter from members of the ARRC and other market participants to Governor Cuomo, as well as the New York State Senate Majority Leader and Assembly Speaker, to support the adoption of an ARRC-drafted legislative proposal intended to help facilitate the transition from LIBOR (see previous coverage).

Note: Cadwalader serves as counsel to the ARRC and helped draft the proposed legislation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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